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(영문) 창원지방법원 거창지원 2018.06.12 2018고단58
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 58"

1. Fraud;

A. On November 2015, the Defendant’s sole criminal defendant committed the Defendant’s single crime in D located in the Ganbuk-gun, the elderly group of North Korea, and there is insufficient money for the Defendant E to try to play money in a more manner.

When lending money, it was said that the lending of money was "the lending of money to a large amount of interest."

However, the Defendant had no particular income or property at the time and had a debt of approximately KRW 200 million, so there was no intention or ability to repay the debt even if he borrowed money from the injured party.

Nevertheless, Defendant 1 received 8,00,000 won from the injured party’s end-of-the-counter on November 13, 2015 to the NongHyup Bank account in the name of F around November 13, 2015, and received 66,50,000 won in total over 10 times from the injured party under the name of borrowed money as shown in the attached list of crimes (1) from around that time to February 1, 2016.

B. The Defendant and G’s joint crime are maternal relationships.

On March 2016, at a restaurant where it is impossible to find out the trade name in the Gohap-gun of Gyeongcheon-gun, Gyeongcheon-gun, the Defendant stated that “If her mother lends money to the victim E with interest as promised, her mother will settle it instead, her mother will settle it instead,” and that “If her mother lends more than KRW 50 million, her mother will be her mother will be able to take responsibility for and resolve all money for that period.”

However, in fact, the Defendant had no particular income or property at the time and had a debt of KRW 200 million, and thus, even if having borrowed money from the injured party, there was no intent or ability to repay it. G was well aware of the above financial situation of the Defendant, as well as there was no particular property or income. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay it.

Nevertheless, the Defendant, as seen above, makes a false statement with G and that belongs thereto G around March 21, 2016.

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